Is Consent of An Individual Required by Police Officers to Search His Person ?
In People v. Anthony, 198 Ill. 2d 194, 202, 761 N.E.2d 1188, 1192, 260 Ill. Dec. 632 (2001), the Illinois Supreme Court found that the State failed to establish that the defendant voluntarily consented to the search of the defendant's person. Anthony, 198 Ill. 2d at 203-04, 761 N.E.2d at 1193.
In that case, the officers called to the defendant down an alley and asked him a number of questions. Anthony, 198 Ill. 2d at 203, 761 N.E.2d at 1193.
When the officers asked the defendant if he would consent to a search of his person, the defendant "'assumed the position'" and "'spread his legs apart and put his hands on top of his head.'" Anthony, 198 Ill. 2d at 203, 761 N.E.2d at 1193.
The supreme court concluded that a "valid inference from the defendant's ambiguous gesture is that he submitted and surrendered to what he viewed as the intimidating presence of an armed and uniformed police officer who had just asked a series of subtly and increasingly accusatory questions." Anthony, 198 Ill. 2d at 203, 761 N.E.2d at 1193.
"In essence, his message was 'Do what you have to do.'" Anthony, 198 Ill. 2d at 203, 761 N.E.2d at 1193.